KAMTA PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) The land of petitioner was acquired for road widening by National Highways Authority of India (NHAI) invoking Sec. 3A of National Highways Act, 1956 (hereinafter called as "the Act of 1956") in the year 2017. The competent authority/Additional District Magistrate made an award on 29/5/2018. An objection was filed by petitioner against the said award which was rejected on 15/12/2021 and the award dtd. 29/5/2018 was confirmed.

(2.) Petitioner filed application under Sec. 34 of the Arbitration and Conciliation Act, 1996 (hereinafter called as "the Act of 1996") for setting aside the arbitral award dtd. 29/5/2018 and 15/12/2021. During the pendency of the said application, petitioner moved an application for filing of certain documents which were kept in some box and came to his knowledge on 20/10/2024, which led to filing of an application on 22/10/2024. The court below by order impugned dtd. 9/12/2024 considering the said application to be under Order XLI Rule 27 CPC has rejected the same. Hence, the present writ petition.

(3.) Learned counsel for the petitioner submits that court below had wrongly rejected the application holding it to be an application under Order XLI Rule 27 CPC as it was not filed during appellate proceedings. Further, as the award was made on 29/5/2018, the unamended provision of Sec. 34(2)(a) would apply and the party making the application may file documents in support of his claim. He has relied upon the decision of Apex Court rendered in case of Emkay Global Financial Services Limited vs. Girdhar Sondhi, AIR 2018 SC 3894; MMTC Ltd. vs. Vedanta Ltd., AIR 2019 SC 1168 and Alpine Housing Development Corporation Pvt. Ltd. vs. Ashok S. Dhariwal and others, AIR 2023 SC 558.